HIPAA Blog

[ Friday, January 26, 2018 ]

 

Allscripts Ransomware Update: Now, a class action lawsuit has been filed.  This class action might actually hold water -- Allscripts' 1,500 customers apparently did suffer delays and business interruptions, for which actual damages might be fairly easily provable.  In most breach class action cases, most members of the "class" can't show any actual monetary damages: if nobody steals your identity or ruins your credit, even though they might have tried or had the ability to do so, you've got no damages.  It's hard to maintain a class action if you can't show damages across the whole class of plaintiffs.

The damages in the Allscripts case might, though, be "consequential," rather than direct.  If so, then the Allscripts customer contract might contain a liability limitation that would keep those damages from being recoverable.  But that's all just guesswork on my part.

Jeff [12:57 PM]

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